Week 10 Flashcards
What are the sentencing basics?
- When a person pleads guilty or is found guilty at trial, he moves on to the sentencing phase of the criminal justice process.
- For those who plead guilty, this may be more of a formality.
- Sentencing is the part of the criminal justice process where a judge (in most cases– a jury in death penalty cases) decides what the punishment for the crime will be.
- Sentencing usually occurs at a sentencing hearing, separate from the trial
What is the presentence investigative report(PSI/PSR)?
- often prepared by probation officials— was once a tool used mainly to determine if a person was suitable for probation versus incarceration
- include basic information about the crime committed, past offense history, family/ marital information, employment information, etc.
- Designed to help judge determine an appropriate sentence. (Individualized sentencing)
- typically include a sentence recommendation
What is a victim impact statement?
- In some cases, victims or those affected by the crime are allowed to read a statement about how the crime has affected them at the sentencing hearing. This may be included as part of the Presentence Investigative Report.
- First one read in 1982 (related to Manson murders)
- Victim Impact Statement may not be read until after sentencing in some cases
- Payne v Tennessee (1991)– victim impact statements in death penalty cases do not violate the constitution
What are the sentencing guidelines?
Concerns about wide variation in sentencing in the past led many states and the Federal government to develop sentencing guidelines. These guidelines specify an appropriate range (given prior convictions) for a given offense.
- ~21 states currently have sentencing guidelines
- Matrix based on offense severity score and prior history score
- aggravating/ mitigating circumstances can also factor in
- Federal guidelines went into effect in 1989, PA in 1982
- It was thought that mandatory guidelines would prevent racial, ethnic, gender, and between judge variation. [Did it? No]
- U.S. V Booker (2005)– state and Federal sentencing guidelines now advisory, not mandatory
- sentences within guidelines more likely to be considered reasonable on appeal
- judge may be required to document reasons for departing from the guidelines
- A deviation from the sentencing guidelines is called a departure
What are the typical sentence?
- Probation: offender allowed to live in community, but must meet with a probation officer and obey certain rules
- Between 4 and 5 million offenders (~60% of those under correctional supervision)
- Fines
- Community Service
- Residential Treatment (Rehab)
- Incarceration (most common formal sanction)
TRUE/ FALSE: Sentencing guidelines are advisory, not mandatory.
A) TRUE
B) FALSE
True
What are the 7 types of sentences?
- Indeterminate (less popular now): this is a range such as 6 to 10 years in prison
- Determinate (more popular now): a definite number such as 5 years in prison
- Mandatories: This is when a state statute dictates a minimum punishment for a given crime
- Habitual Offender Laws: statutes specify increased penalties for chronic offenders
- Ex: 3-strikes laws
- One study (Wolfgang) found that 6% of offenders commit the majority of crimes. If we could identify these offenders, it is thought that we could prevent a lot of crime.
- Suspended Sentence: part or all of a prison sentence is not applied if the offender stays out of trouble
- Preventative Detention: Some states have laws allowing certain persons to be civilly committed to a psychiatric institution even after their sentence has expired because of the harm they are believed to pose to the community.
- They can be released once they are “cured”
- Youthful Offender Laws: Some states allow a person’s criminal record to be expunged (erased) if he/ she completes a sentence & stays out of trouble for a certain length of time
Joe is convicted of aggravated assault and receives a sentence of 6 years in prison. Joe has no prior convictions, no psychological problems, and is not defined as a young offender. Joe’s sentence is best classified as a(n) ___________ sentence.
A) Determinate
B) Habitual offender
C) Indeterminate
D) Preventative detention
Determinate
What are ethical issues?
- minorities tend to receive harsher sentences than whites
- some find that Latinos are worse off than others
- tend to be more affected by habitual offender laws
- black males may fare worse than others because they conform to dangerous stereotype
- females receive more lenient sentences
- trial penalties
What are the 4 primary goals of sentencing and corrections?
- Retribution
- Deterrence
- Incapacitation
- Rehabilitation
What is retribution?
- An offender should be punished for the crime committed
- Not focused on other goals such as preventing crime
- Focus on just desserts: punishment should fit/ match the crime (proportionality)
What is deterrence?
- An offender should be punished to prevent future crime
- Specific deterrence – harsh punishment will prevent the offender from offending again
- General deterrence –making an example of the offender(s) so that others will not commit crime
- Future-focused—punishment may not fit/ match the crime committed
What is incapacitation?
- An offender should be imprisoned so that he is unable to commit a crime in the community
- no belief that future behavior can be affected (deterrence)
- punishment need not match/ fit crime
What is rehabilitation?
- Offenders can receive help/ treatment that will lead them to change their lives
- Not focused on the crime itself, but on criminal behavior as a symptom of some other problem
- Idea than an offender can be “fixed”
- Focus on help/ treatment rather than punishment
John is a 32-year-old man who has just been convicted of armed robbery. He robbed a 22-year-old man at knifepoint in an alley for $23. John is addicted to cocaine. He has past convictions for drug possession & driving under the influence. He has no family, no job, & no education. Which of the following sentences would best serve a rehabilitation goal?
A) 8 years in prison followed by 2 years of probation
B) Fine of $50,000
C) Mandatory drug treatment with a suspended prison sentence of 5 years
D) 3 years probation with a 3-year suspended prison sentence
C) Mandatory drug treatment with a suspended prison sentence of 5 years
